Need help; home previous section 8

Need help; home previous section 8

Member since 2011 · 3 posts · 1 vote

Hi. I am asking this on behalf of a friend. She rented a home that was section 8, but recently due to the government cutbacks on section 8, the home was declassified from section 8.

Her problem is this. She signed a new lease with her landlord in January of this year, while the home was still section 8. It has been since then that the home was declassified, and now she has a new landlord.

The landlord wants her to sign a new lease, doubling her rent, which she can't afford (why else would she have been section 8, right?) She is also only days away from delivering a baby so moving right now is not an option for her.

Logic and everything I have ever read tells me that even if there is a new landlord, that lease she signed in January is still valid and the new landlord, in spite of the fact the home has been declassified, still has to honor the rent stated in the lease she signed at that time. Am i wrong?

I know when I have bought properties before, I have had to honor the agreements made on their existing lease for the remaining term of the lease, but I have also never had to deal with section 8 before, either.

She took the problem to section 8, who ruled against her, but personally, I don't see them as 'rental experts' and since they no longer pay the rent or however that works, they really don't care whether she suddenly has to pay more or not, since they are no longer a party to it.

Can someone please help me out... the stress is not good for my friend - her pregnancy is already high risk without having to deal with this problem and I want to help her.

Thank you

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  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    15y

    How does a home get "declassified"? The voucher goes with the person, not the home. There is an inspection before she moves in and section 8 has to approve the place. Do you mean they re-inspected and said it didn't meet their standards? Or, did they pull her voucher?

    In any case, what are you looking for? A place for her to live? Someone to buy the property? Is it even for sale?

    If section 8 no longer approves the house, she should be able to take her voucher and move, if the landlord refuses to fix the problem. If her voucher got pulled, and that's actually what it sounds like ("She took the problem to section 8, who ruled against her"), then she's going to have to pay the rent herself.

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    15y

    IMO, Depends on what the lease says, if it is subject to it remaining under Section 8. If there is no "out" for the landlord, he is out of luck as she is still in a valid lease and the property is acquired subject to the rights of the tenants.

    Sometimes a new landlord may not be aware and is acting in good faith. Sometimes not, so tell them once and to stop knocking/calling. She is responsible for the rent agreed to even if her Section 8 has been lost. You need to read the Lease Agreement and see what the agreements are. If she needs help, you might get assistance from your local legal assistance office (if they aren't out of money(LOL)). Good luck.

    LOL, Jon just beat me to it, while I was typing!

  • Member since 2011 · 3 posts · 1 vote
    15y

    In Washington State, apparently, Section 8 no longer wants to 'do' houses; only apartments, and the home was sold by the previous landlord to the new landlord.

  • Los Angeles, CA · Member since 2009 · 717 posts · 50 votes
    15y

    Tell her to fight it in court. The judge will understand that she is pregnant and will see the previous situation she was in. If anything, it will delay the process before she gets evicted. OR, have her talk to her landlord and try to work something out.

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